Business Law Chapter 4.docx

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Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Cristin Keller

Business Law Chapter 4: Intentional Torts and Torts Impacting Business Civil Cases Plaintiff and defendant Standard of proof: balance of probabilities The Nature of Torts The key to tort law: -intentional tort laws (the left hand side): the plaintiff has to prove the elements of the torts, and then it is up to defendant to put forth any defenses -A tort is a social wrong (not necessarily a crime) -A civil wrong (between individuals) -Whether an intentional or careless act harms another -Injured party usually sues for monetary compensation -Ask for an amount of money that the victim would have had if the defendant hadn’t commit the tort -Crimes are social wrongs that affect society as a whole -some crimes are also torts Categories of Tort -Intentional -deliberate (they did some kind of act that caused someone to have a loss) act that cause injury or loss -Unintentional -careless or negligent acts (they didn’t do something) that cause injury or loss Judicial Remedies Courts will compensate for: -Physical, economic, emotional and mental injuries -mental disorder, but not simply mental or emotional distress -Court attempts to restore victim to original position -Plaintiff asks the court for these judicial remedies -special damages: specific costs/damages – had to go for physical therapy, miss days of work, buy wheelchair -general damages: future estimated cost – lose work for next 6 months -punitive (exemplary) damages – punish the defendant Vicarious Liability -liability without personal fault -imposed on employers when they are held liable for torts committed by employees during the course of their employment -or by statute, such as a vehicle owner being liable for the use of it by another person -dominoes vehicle driver crashed into me – the driver and dominoes is held responsible – dominoes putting pressure on employees to deliver pizza on time, didn’t train drivers well enough, etc. Intentional Torts Trespass to person: assault and battery Assault: where there is fear of contact Battery: the least touching of another without consent (unwelcomed touching: can be a hug, kiss, etc.) -Defenses 1. Accident not mistake (purely an accident) – a person swinging a bat, someone runs into him and the bat hurts a third person – may be counted as an accident 2. Consent (informed) – sport – consenting to an amount of physical force: if the amount of force is beyond the level of consent, it is not a reasonable defense -a surgeon performs a surgery 3. Self-defense (reasonable force) How to prove: -Assault: witness, written/audible threat, history -Battery: hospital records, proof of touching -Defendant now has the obligation to display defenses or to disprove the elements of tort -Such as self-defense- can counterclaim the plaintiff: and now you become the plaintiff and he becomes a defendant Trespass to Land -Being on another’s land without authority -permission implied for business offering public services -Occupier owes a lesser duty of care to trespassers than those there with authority -continuing trespass remedied by injunction -may be throwing a ball on someone else’s land Step 1: Have to prove that the land is yours -Defendant might say that the land is not yours or you invited me to the land Who might have right to be in your lan
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